SA drug mule�s attorney wants appeal declared null and void

Mpho Mokwape | Friday March 6, 2015 15:11

 

The attorney for the now deceased Azevedo, Friday Leburu, has said before Judge Godfrey Nthomiwa of Lobatse High Court that the state was given ample time to make a decision on the ephedrine drugs, but failed to file the appeal on time. Leburu argued yesterday that there was no point in pursuing the matter, as his client is dead and therefore the case had to automatically collapse.

He pointed out that the deceased had not appointed an estate agent who could pursue the case on her behalf in the event she became incapacitated or is dead.

“The case is no longer viable for arguments because this is not a matter involving a company, but an individual who is now late and in this case neither the respondent nor the appellant can pursue the matter further,” he said.

Leburu further argued that the state had failed to comply with a court order that was issued by Village Principal Magistrate Goodwill Makofi, of which the state should have informed the Public Health Service to apply for to be handed the drugs.

He argued that the 14 days that were given by the magistrate had lapsed therefore the state cannot pursue the matter further.

The court will decide on the matter once papers have been filed and the matter has been argued.

Ntlhomiwa told the two parties that he was giving them time to file their points of arguments in paper and that a date would be set.

He told the defence attorney that since his client died he would be appearing in court as the ‘friends of court’ meaning he would be assisting court on points of law arising.

Meanwhile, Azevedo reportedly died in South Africa in mid-December 2014 after a short illness.  She was convicted and fined P5, 000 for unlawful importation of ephedrine drugs into the country.

In March last year she was arrested for carrying a whitish powder suspected to be Ephedrine, a prescription of the  central nervous system stimulant commonly used to treat asthma attacks relieve allergic nasal congestion, and dilate the pupils.

Azevedo was arrested at Sir Seretse Khama International Airport (SSKA) upon arrival from India via Kenya where she had connected.

The 20 kg ephedrine estimated to be half a million pula in price money was hidden in her suitcase.

Through her attorney, she had applied for the return of the drugs.  She was automatically granted back the drugs after the state failed to comply with a court order before going to the High Court.

The state argued that Makofi had made a mistake in handing the drugs over adding that the convicted Azevedo was not entitled to them, as she had no permit to carry the drugs.

Azevedo had filed for the return of her drugs after Makofi handed down the judgment, but did not pronounce what should be done with them.

They did not automatically return to the state after the case was dealt with prompting Azevedo to seek for their return more so that she was not convicted of possession but merely of importation.

 

Facts about Ephedrine

Ephedrine is a white odourless alkaloid that is often used to enlarge air passages in asthma attacks, relieve allergic nasal congestion, and dilate the pupils, and as a central nervous system stimulant.

It is legal and an over the counter drug, but it becomes illegal when individuals who do not have its trading license illegally import, especially when it is in large quantities.

Ephedrine is considered to be precursor substance, something that can be used to manufacture additional drugs, which are usually illegal and are often referred to as recreational drugs.